ATTACHMENT #1
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AGREEMENT BETWEEN THE CITY OF THOUSAND OAKS AND
COUNTY OF VENTURA FOR HOUSEHOLD HAZARDOUS WASTE
COLLECTION SERVICES
This AGREEMENT is made this 24 day of March 2026 and is entered into by and between the CITY OF THOUSAND OAKS ("CITY"), and the COUNTY OF VENTURA ("PARTICIPATING AGENCY").
RECITALS
WHEREAS, on June 17, 2003, CITY and PARTICIPATING AGENCY entered into an agreement ("2003 Agreement"), whereby an economical, convenient, and dependable method to safely collect, recycle, treat, and dispose of household hazardous waste ("HHW") was provided to CITY and PARTICIPATING AGENCY residents; and WHEREAS, Article 2 of the 2003 Agreement provides that the term of the 2003 Agreement was one (1) year, renewing automatically for an additional year on each anniversary date of the 2003 Agreement; and
WHEREAS, Article 2 of the 2003 Agreement provides that the 2003 Agreement may be terminated with ninety (90) days’ notice; and
WHEREAS, CITY and PARTICIPATING AGENCY desire to terminate the 2003 Agreement and enter into this new agreement whereby residents of CITY and PARTICIPATING AGENCY will continue to be provided with an economical, convenient, and dependable method to safely collect, recycle, treat and dispose of HHW; and WHEREAS, CITY and PARTICIPATING AGENCY agree that this shall serve as the notice of cancellation required under Article 2, Section 2 of the 2003 Agreement; and WHEREAS, CITY and PARTICIPATING AGENCY have determined that it will be to their mutual advantage and to the public's benefit to continue the coordination of HHW collection services and funding related thereto; and
WHEREAS, CITY has established a program for the operation of a HHW collection program.
NOW, THEREFORE, CITY and PARTICIPATING AGENCY agree that the 2003 Agreement is hereby terminated as of the effective date of this new agreement (hereafter referred to as "AGREEMENT"):
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ARTICLE 1
DEFINITIONS
The following definitions shall apply to this AGREEMENT:
ANNIVERSARY DATE shall mean the date this AGREEMENT was signed and executed by CITY.
CITY shall mean the City of Thousand Oaks.
CONTRACT shall mean a negotiated agreement between CITY and CONTRACTOR or CONTRACTORS to provide one or more of the following services: site mobilization and demobilization, on-site traffic control, PARTICIPANT greeting, HHW receiving, profiling, packaging, labeling, manifesting, transporting, recycling, treatment, storage, disposal, on- site services (including permitting), solid waste disposal, and miscellaneous equipment necessary to safely implement and accomplish all tasks at each scheduled HHW EVENT.
CONTRACT COSTS shall mean costs of PROGRAM operations provided through the CONTRACTOR, including, but not limited to, mobilization and demobilization, on-site traffic control, PARTICIPANT greeting, HHW receiving, profiling, packaging, labeling, manifesting, transporting, recycling, treatment, storage, disposal, on-site services (including permitting), solid waste disposal, and miscellaneous equipment costs or any other costs associated and deemed appropriate relating to the HHW EVENT.
CONTRACTOR shall mean the individual or firm selected by CITY to provide any of those services specified in the CONTRACT.
COST PER VEHICLE shall mean the cost of services as further described on Attachment A.
EVENT shall mean all activities occurring on the day or succession of days in which CITY and CONTRACTOR provide CONTRACT services.
EXCESS LOAD shall mean vehicles loaded in excess of 15 gallons or 125 pounds of HHW material, and/or in excess of 20 gallons of used motor oil.
EXCESS LOAD FEE shall mean a fee as further described in Attachment A that may be levied by the CONTRACTOR.
FLAT RATE shall mean those costs related to PARTICIPATING AGENCY'S level of HHW PROGRAM PARTICIPATION and invoiced on a per vehicle basis.
GOVERNING BODY shall mean the City Council for CITY and elected body for PARTICIPATING AGENCY.
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HOUSEHOLD HAZARDOUS WASTE (HHW) shall mean waste resulting from products purchased by the general public for household use which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment, or in combination with other solid waste that may be infectious, explosive, poisonous, caustic, toxic or exhibit any of the characteristics of ignitability, corrosivity, reactivity, or toxicity.
MONTH shall mean one of the twelve (12) divisions of a calendar year.
NON-PARTICIPATING JURISDICTIONS shall mean those jurisdictions that do not have a written agreement with CITY to participate in the PROGRAM.
PARTICIPANTS shall mean residents of CITY and PARTICIPATING AGENCY (with and without appointments) who bring HHW to the EVENT site.
PARTICIPATING AGENCY shall mean the County of Ventura which will utilize the services of CITY'S HHW PROGRAM under this AGREEMENT with CITY.
PARTY shall mean CITY and PARTICIPATING AGENCY singularly or collectively.
PROGRAM shall mean the City of Thousand Oaks HHW Program, which shall include all activities provided herein to accept, handle, store and dispose of hazardous materials.
PROGRAM ADMINISTRATION FEE shall mean CITY'S administrative and management cost of $20.00 per vehicle that includes, but is not limited to service functions essential to the effective, overall management, direct costs (CITY staff hours/salary, fringe benefits, maintenance and overhead, building occupancy, etc.) and indirect overhead costs (offices of City Manager, City Attorney, Information Technology, Finance, Facilities, etc.), advertising, record keeping, staff training and equipment and as further described in Article 3 that may be charged to PARTICIPATING AGENCY served by the HHW PROGRAM.
QUARTER shall mean a portion of the calendar year, which is divided into four parts consisting of January-March, April-June, July-September and October-December.
RECORD shall mean a database of names and addresses of PARTICIPATING AGENCY PARTICIPANTS who bring HHW to the EVENT.
UNACCEPTABLE WASTE shall mean, cylinders, medical waste, radioactive materials and explosives, including ammunition or other waste that the PROGRAM is not intended to handle.
UNACCEPTABLE WASTE FEE shall mean a fee charged by the CONTRACTOR for the cost of managing HHW, as further described in Article 3 and Attachment A, that pertains to special permits, licenses or procedures for UNACCEPTABLE WASTE which is delivered to an EVENT site.
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VERY SMALL QUANTITY GENERATOR (VSQG) shall mean businesses, including businesses operated out of a house, which meet the criteria specified in Section 262.14 of Title 40 of the Code of Federal Regulations.
VSQG WASTE shall mean hazardous waste (as defined by the Health and Safety Code, Section 25117 or listed in the California Code of Regulations, Title 22, Division 4.5, Chapter 11 or that exhibit characteristics of ignitability, corrosivity, reactivity, or toxicity described therein) which is generated by the VSQG. VSQG WASTE shall not include radioactive materials, explosives, or ammunition.
ARTICLE 2
PURPOSE, TERM, TERMINATION, AND AMENDMENTS
1. Purpose. The PROGRAM shall provide PARTICIPANTS a location for HHW collection at each of CITY'S EVENTS. By this AGREEMENT, CITY agrees to accept PARTICIPATING AGENCY PARTICIPANTS as further described in Article
4. 2. Term. This AGREEMENT shall be effective for one year following its effective date. The AGREEMENT shall renew automatically for an additional year on each ANNIVERSARY DATE of this AGREEMENT unless either CITY or PARTICIPATING AGENCY provides written notice of cancellation, no later than thirty (30) days before the ANNIVERSARY DATE.
3. Termination. Notwithstanding the previous clause, CITY or PARTICIPATING AGENCY may terminate this AGREEMENT at any time by providing written notice of termination to the other at least ninety (90) days prior to termination.
4. Amendment. Any amendment, modification, or variation of the terms of this AGREEMENT shall be in writing and shall be effective only upon written approval by the GOVERNING BODIES of both CITY and PARTICIPATING AGENCY.
ARTICLE 3
PROGRAM ADMINISTRATION AND FUNDING COMMITMENT
CITY and PARTICIPATING AGENCY understand, are aware of, and recognize their respective responsibilities and local fee authorities pursuant to Public Resources Code Section 40000 et seq. In order to accomplish the coordinated planning and implementation activities herein, CITY and PARTICIPATING AGENCY agree to the following funding and administrative requirements of the PROGRAM.
1. FLAT RATE and PROGRAM ADMINISTRATION FEES:
A. PARTICIPATING AGENCY agrees to reimburse CITY for FLAT RATE FEES attributed to PARTICIPATING AGENCY PARTICIPANTS.
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B. PARTICIPATING AGENCY agrees to reimburse CITY for PROGRAM ADMINISTRATION FEES attributed to PARTICIPATING AGENCY
PARTICIPANTS.
C. CITY reserves the right to impose additional fees as further described in Attachment A.
2. CITY shall bear the cost of its designated responsibilities under this AGREEMENT without reimbursement to, or from, PARTICIPATING AGENCY unless otherwise agreed upon in writing and except as otherwise provided in this AGREEMENT.
Likewise, PARTICIPATING AGENCY shall bear the cost of its designated responsibilities under this AGREEMENT without reimbursement to or from CITY unless otherwise agreed upon in this AGREEMENT.
3. Payment Procedures: Payment shall be made by PARTICIPATING AGENCY as follows:
A. CITY shall submit an invoice to PARTICIPATING AGENCY each month with a summary of the RECORD used to allocate PARTICIPATING AGENCY CONTRACT COSTS. CONTRACT COSTS include but are not limited to a per vehicle FLAT RATE and per vehicle PROGRAM ADMINISTRATION FEE. PARTICIPATING AGENCY'S payment to CITY shall equal the total sum of the per vehicle FLAT RATE and per vehicle PROGRAM ADMINISTRATION FEE multiplied by the total number of PARTICIPATING AGENCY PARTICIPANTS, inclusive of EXCESS
LOADS. A copy of the invoice for the pertinent MONTH shall be forwarded to PARTICIPATING AGENCY by CITY at the time of invoicing by CITY.
PARTICIPATING AGENCY shall make payment to CITY no later than forty- five (45) days after receipt of invoice. For all invoices submitted, PARTICIPATING AGENCY shall accept or reject invoices within twenty-one (21) working days after receipt of the invoice. If CITY does not receive a written response within twenty- one (21) working days, the invoice is deemed accepted.
B. Invoices shall be sent to: County of Ventura
Central Services Department
Integrated Waste Management Division
800 South Victoria Avenue #1650
Ventura, CA 93009
4. Adjustment to CONTRACT COSTS: CITY reserves the right to seek an adjustment in CONTRACT COSTS, including but not limited to the FLAT RATE and PROGRAM ADMINISTRATION FEE. Notice to PARTICIPATING AGENCY will be made by CITY and provided at least ninety (90) days in advance of the application DPW: 810-30\ev\Council\2026\032426\HHW VC Agreement Att 1.docx
of the proposed adjustment. The notice may be provided as part of a regular invoice enclosure to PARTICIPATING AGENCY.
ARTICLE 4
PROGRAM PARTICIPATION
1. PARTICIPATING AGENCY:
A. Annually, PARTICIPATING AGENCY shall provide to CITY a written request which identifies the number of PARTICIPATING AGENCY PARTICIPANTS to be served at the HHW PROGRAM. The total number of PARTICIPATING AGENCY PARTICIPANTS allowed to utilize the PROGRAM, shall be designated by CITY and response will be provided to PARTICIPATING AGENCY within two (2) weeks of the request.
B. PARTICIPATING AGENCY may request an increase or decrease in their participation level by submitting a written request to CITY and response will be provided to PARTICIPATING AGENCY within two (2) weeks of the request.
C. PARTICIPATING AGENCY is solely responsible for ensuring, monitoring, and tracking that PARTICIPATING AGENCY'S HHW PROGRAM level of PARTICIPANTS is not exceeded.
ARTICLE 5
CITY RESPONSIBILITIES
1. CONTRACTOR. CITY shall contract with a CONTRACTOR to provide services to all PARTICIPANTS at its designated EVENT site and shall administer such CONTRACT as it deems appropriate.
2. Permits and Variances. CITY shall obtain the applicable local land use permits required for the EVENT site, shall take appropriate California Environmental Quality Act actions necessary for EVENT site approval, use an Environmental Protection Agency Identification Number applicable to HHW collection and obtain all other applicable local permits required to implement the PROGRAM including the Permit- by-Rule tor either a permanent or temporary HHW collection facility as required by the Department of Toxic Substances Control, and any required variances to the permit.
3. Fire and Emergency Response. CITY shall be responsible for contacting and coordinating with the appropriate agency responsible for fire and hazardous waste emergency response at its EVENT site.
4. Appointment Database. CITY shall administer an appointment database system for each EVENT, which includes the following responsibilities:
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A. CITY and/or CONTRACTOR shall provide an information telephone line and website, which shall be used to schedule appointments for PARTICIPANTS;
B. CITY and/or CONTRACTOR shall make appointments for PARTICIPANTS who contact CITY'S SUSTAINABILITY DIVISION either directly, by telephone, in person or via the City's website and/or e-mail; and C. CITY and/or CONTRACTOR shall inform potential PARTICIPANTS of the following: eligibility requirements, UNACCEPTABLE WASTE, proper packaging of HHW, transportation limits applicable to HHW, EVENT location and appointment time.
5. Appointment Availability. PARTICIPATING AGENCY'S total number of PARTICIPANTS allowed at the PROGRAM shall be designated by CITY as referenced in Article 4.
6. EVENT Operations. CITY and/or CONTRACTOR shall monitor CONTRACT services provided at each EVENT.
7. Traffic Control. CITY and/or CONTRACTOR shall be responsible for coordinating and obtaining approval for off-site traffic control and providing directional signs as needed outside the EVENT site boundaries.
8. PARTICIPATING AGENCY’S PARTICIPANTS Without Appointments. CITY reserves the right to reject or accept PARTICIPATING AGENCY PARTICIPANTS who do not have appointments for the EVENT except as provided for in Article Six, Section 2. CITY shall require all PARTICIPANTS accepted without appointments to show proof of residency as requested by CITY. Unless otherwise agreed upon by CITY and PARTICIPATING AGENCY, the CONTRACT COSTS incurred by ineligible participants without appointments that reside outside PARTICIPATING AGENCY'S area shall be the responsibility of CITY which may then proceed to collect the CONTRACT COSTS from the NON-PARTICIPATING JURISDICTION where the PARTICIPANT resides.
9. Insurance. CITY, at its sole cost and expense, will obtain and maintain in full force during the term of this AGREEMENT the following types of insurance:
A. Commercial General Liability "occurrence" coverage in the minimum amount of $1,000,000 combined single limit (CSL) bodily injury & property damage each occurrence and $2,000,000 aggregate, including personal injury, broad form property damage, products/completed operations, and broad form blanket contractual.
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B. Workers' Compensation coverage, in full compliance with California statutory requirements, for all employees of CITY in the minimum amount of $1,000,000.
C. Pollution Legal Liability insurance in the minimum amount of $1,000,000 per occurrence and $2,000,000 annual aggregate.
10. All insurance required will be primary coverage with respect to PARTICIPATING AGENCY and any insurance or self-insurance maintained by PARTICIPATING AGENCY will be excess of CITY’S insurance coverage and will not contribute to it.
11. PARTICIPATING AGENCY is to be notified immediately if any aggregate insurance limit is exceeded. Additional coverage must be purchased to meet requirements.
12. PARTICIPATING AGENCY, its boards, agencies, departments, districts, officers, employees, agents, and volunteers are to be named as Additional Insureds with respect to any work done by CITY under the terms of this AGREEMENT on all policies required (except Workers' Compensation).
13. CITY agrees to waive all rights of subrogation against PARTICIPATING AGENCY, its boards, agencies, departments, districts, officers, employees, agents and volunteers for losses arising from work performed by CITY’S under the terms of this AGREEMENT as it pertains to Workers’ Compensation.
14. Policies will not be canceled, non-renewed or reduced in scope of coverage until after sixty (60) days written notice has been given to PARTICIPATING AGENCY’S, Risk Management Division.
15. CITY agrees to provide PARTICIPATING AGENCY with the following insurance documents on or before the effective date of this AGREEMENT:
A. Certificates of Insurance for all required coverage.
B. Additional Insured endorsements.
C. Waiver of Subrogation endorsements (a.k.a.: Waiver of Transfer Rights of Recovery Against Others, Waiver of Our Right to Recover from Others) as it pertains to Workers’ Compensation.
Failure to provide these documents will be grounds for immediate termination or suspension of this AGREEMENT.
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ARTICLE 6
PARTICIPATING AGENCY'S RESPONSIBILITIES
1. Publicity.
A. PARTICIPATING AGENCY shall be responsible for the cost of producing and distributing publicity materials and public information to PARTICIPATING AGENCY PARTICIPANTS.
B. Use of Publicity. PARTICIPATING AGENCY shall provide to CITY examples of publicity and informational materials, prior to public distribution by PARTICIPATING AGENCY or its authorized representative.
2. If PARTICIPATING AGENCY requests CITY to accept PARTICIPATING AGENCY PARTICIPANTS without appointments into the EVENT, PARTICIPATING AGENCY shall pay the CONTRACT COSTS for those PARTICIPATING AGENCY PARTICIPANTS.
3. EVENT Operations: PARTICIPATING AGENCY may observe EVENT operations and provide a summary of the observation to the CITY.
ARTICLE 7
MISCELLANEOUS PROVISIONS
1. Generator of Waste Status. CITY shall be deemed to be the legal generator, according to the Federal Resource Conservation and Recovery Act, State Hazardous Waste Control Law and Title 22 of the California Code of Regulations, of all HHW collected at the designated EVENT site unless otherwise agreed upon in writing by CITY and PARTICIPATING AGENCY. CITY may combine HHW from PARTICIPANTS with HHW and VSQG WASTE accepted from other PARTICIPANTS.
2. Hold Harmless and Indemnification.
A. PARTICIPATING AGENCY shall defend, indemnify, and hold harmless CITY, its officers, directors, agents, employees, subcontractors, and/or volunteers from and against all demands, claims, actions, liabilities, losses, damages and costs, including reasonable attorney’s fees and costs, arising out of or resulting from the performance of the AGREEMENT, caused in whole or in part by the negligent or intentional acts or omissions of PARTICIPATING AGENCY, its Board of Supervisors, officers, directors, agents, employees, subcontractors, and/or volunteers.
B. CITY shall defend, indemnify and hold harmless PARTICIPATING AGENCY, its Board of Supervisors, officers, directors, agents, employees, subcontractors, and/or volunteers from and against all demands, claims, DPW: 810-30\ev\Council\2026\032426\HHW VC Agreement Att 1.docx
actions, liabilities, losses, damages, and costs, including reasonable attorney’s fees and costs, arising out of or resulting from the performance of the AGREEMENT, caused in whole or in part by the negligent or intentional acts or omissions of CITY, its officers, directors, agents, employees, subcontractors, and/or volunteers.
C. It is the intention of PARTICIPATING AGENCY and CITY that the provisions of this paragraph be interpreted to impose on each party responsibility to the other for the acts and omissions of their respective officers, directors, agents, employees, volunteers. It is also the intention of PARTICIPATING AGENCY and CITY that, where comparative fault is determined to have been contributory, principles of comparative fault will be followed and each party shall bear the proportionate cost of any damage attributable to the fault of that party, its officers, directors, agents, employees, volunteers.
D. Standard of Care. This AGREEMENT shall constitute an agreement between CITY and PARTICIPATING AGENCY hereto, but is not intended and shall not be construed by any third person as establishing a standard of care, and shall not create or impose a mandatory duty under Government Code Section 815.6.
E. SIGNATURES
(a) Counterparts. This AGREEMENT may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. (b) Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof. (c) Digital/Electronic Signatures. This AGREEMENT may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.
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ARTICLE 8
NOTICES
All notices given pursuant to this AGREEMENT shall be made by depositing the same in the United States Certified Mail, postage prepaid, and addressed as follows, or to such other address as CITY and/or PARTICIPATING AGENCY may designate hereafter:
TO CITY: City of Thousand Oaks
Public Works Department
ATTN: Public Works Director
2100 Thousand Oaks Blvd.
Thousand Oaks, CA 91362
TO PARTICIPATING AGENCY: County of Ventura
Central Services Department
Integrated Waste Management Division
800 South Victoria Avenue #1650
Ventura, CA 93009
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IN CONCURRENCE AND WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT by authorized officials thereof on the date indicated below.
CITY OF THOUSAND OAKS
Mikey Taylor, Mayor
ATTEST:
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
Nader Heydari, P.E.
Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
Tracy Friedl, Assistant City Attorney
COUNTY OF VENTURA
Date: By:
Gregg Strakaluse, P.E.
Director, Public Works Agency
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ATTACHMENT A
CONTRACT COSTS
CITY manages a HHW PROGRAM in coordination with a licensed CONTRACTOR on CITY property. The HHW Program is held at CITY'S owned and operated Permanent Household Hazardous Waste Collection Facility, located at 2010 Conejo Center Drive, Newbury Park, CA 91320. The use of the HHW PROGRAM by PARTICIPATING AGENCY is authorized as described therein.
As specified in ARTICLE 3 of this AGREEMENT, PARTICIPATING AGENCY shall be invoiced on a MONTHLY basis for their level of participation at CITY'S HHW PROGRAM.
Costs shall include but are not limited to the following fees:
HOUSEHOLD HAZARDOUS WASTE
CONTRACT COSTS
PROGRAM ITEM COST PER VEHICLE
FLAT RATE: $ 65
PROGRAM ADMINISTRATION FEE: $ 20
EXCESS LOAD FEE*: $ 85
UNACCEPTABLE WASTE FEE: Actual CONTRACT COST
* EXCESS LOADS will be documented to include PARTICIPANT'S name and address.
EXCESS LOAD documentation will be included with PARTICIPATING AGENCY'S invoice.